The Fading of Compulsory Consolidation of Arbitration: A Fight between the Principles of Efficiency and Party Autonomy in International Commercial Arbitration

Fudan Journal of the Humanities & Social Science, Vol. 4, 2008

11 Pages Posted: 10 Sep 2010

See all articles by Manjiao Chi

Manjiao Chi

UIBE - Center for Int'l Economic Law & Policy (CIELP), Law School,

Date Written: September 9, 2008

Abstract

International commercial disputes are getting more complex with the time being, which necessitates the adoption of compulsory consolidation of arbitration by the courts in some countries and regions. In practice, courts usually justify their decisions on three major grounds. However, compulsory consolidation of arbitration in essence is in violation of major principles and natures of international commercial arbitration system, and thus has insurmountable pitfalls. Consequently, a review of recent legislation and practice shows that compulsory consolidation of arbitration is fading nowadays world-widely.

Keywords: Compulsory Consolidation of Arbitration, Efficiency Principle, Party Autonomy Principle

Suggested Citation

Chi, Manjiao, The Fading of Compulsory Consolidation of Arbitration: A Fight between the Principles of Efficiency and Party Autonomy in International Commercial Arbitration (September 9, 2008). Fudan Journal of the Humanities & Social Science, Vol. 4, 2008, Available at SSRN: https://ssrn.com/abstract=1674281

Manjiao Chi (Contact Author)

UIBE - Center for Int'l Economic Law & Policy (CIELP), Law School, ( email )

10, Huixin Dongjie
Changyang District
Beijing, Beijing 100029
China

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